Patent Cooperation Treaty (PCT) Information
For information concerning PCT member countries, see the notice
appearing in the Official Gazette at 1331 O.G. 54, on June 10, 2008.
European Patent Office as Searching and Examining Authority
The European Patent Office (EPO) may act as the International Searching
Authority (ISA) for an international application filed with the United
States Receiving Office or the International Bureau (IB) as Receiving
Office where at least one of the applicants is either a national or
resident of the United States of America. However, the EPO is no longer
a competent ISA, within the meaning of PCT Article 16(3), for
international applications filed by U.S. residents or nationals on or
after 01 March 2002 in the USPTO or IB as a Receiving Office, and where
the application contains one or more claims directed to the field of
business methods. For the definition of what the EPO considers to be
precluded subject matter in the field of business methods, applicants
should see the "Notice from the President of the European Patent
Office", dated 26 November 2001, and which was published as Annex A in
the "Notice Concerning EPO Competence to Act as PCT Authority" in
the Official Gazette at 1255 O.G. 878, on February 19, 2002.
The European Patent Office may act as the International
Preliminary Examining Authority (IPEA) for an international application
filed in the United States Receiving Office or the International Bureau
as Receiving Office where at least one of the applicants is either a
national or resident of the United States of America, provided that the
European Patent Office acted as the International Searching Authority.
However, the EPO is no longer a competent IPEA, within the meaning of
PCT Article 32(3), for international applications filed by U.S.
residents or nationals in the USPTO or IB as a Receiving Office where
the corresponding demand is filed with the EPO on or after 01 March
2002, and where the application contains one or more claims directed to
the fields of business methods.
The EPO resumed its competence as an International Searching
Authority and International Preliminary Examining Authority, effective
January 1, 2004, for international applications filed by nationals or
residents of the United States of America where the application
contains one or more claims relating to the field of biotechnology.
This change was announced in the Official Gazette at 1277 O.G. 230, on
December 30, 2003.
The EPO resumed its competence as an International Preliminary
Examining Authority, effective July 1, 2004, for demands filed by U.S.
residents or nationals on or after July 1, 2004, for international
applications filed by nationals or residents of the United States of
America where the application contains one or more claims relating to
the field of telecommunications. This change was announced in the
Official Gazette at 1277 O.G. 230, on December 30, 2003.
The search fee of the European Patent Office was increased,
effective August 1, 2008, and was announced in the Official Gazette
at 1331 O.G. 161, on June 24, 2008.
Korean Intellectual Property Office as Searching and Examining Authority
For use of the Korean Intellectual Property Office as an International
Searching Authority and International Preliminary Examining Authority for
international applications filed in the United States Receiving Office,
see the notice appearing in the Official Gazette at 1302 O.G. 1261 on
January 17, 2006.
The search fee of the Korean Intellectual Property Office was decreased,

October 21, 2008

US PATENT AND TRADEMARK OFFICE

1335 OG 152

effective October 15, 2008, and was announced in the Official Gazette at
1334 O.G. 295, on September 23, 2008.
Fees
The search fee for the USPTO was increased, effective November 9, 2007,
and was announced in the Federal Register on September 10, 2007. The fee
for filing a request for the restoration of the right of priority was
established, effective November 9, 2007, and was announced in the Federal
Register on September 10, 2007.
International filing fees were increased, effective July 1, 2008,
and were announced in the Official Gazette at 1331 O.G. 57, on June 10,
2008.
The schedule of PCT fees (in U.S. dollars), as of October 15, 2008, is
as follows:
International Application (PCT Chapter I) fees:
Transmittal fee $300.00
Search fee
U.S. Patent and Trademark Office (USPTO) as
International Searching Authority (ISA)
- Search fee $1,800.00
- Supplemental search fee, per additional
invention (payable only upon invitation) $1,800.00
European Patent Office as ISA $2,665.00
Korean Intellectual Property Office as ISA $220.00
International fees
International filing fee $1,338.00
International filing fee-filed in paper
with PCT EASY zip file or
electronically without PCT EASY
zip file $1,237.00
International filing fee-filed
electronically with PCT EASY zip
file $1,137.00
Supplemental fee for each page over 30 $15.00
Sequence listing and/or sequence-related table on
electronic medium only $6,000.00
Restoration of Priority
Filing a request for the restoration of the
right of priority under § 1.452 $1,410.00
International Application (PCT Chapter II) fees associated
with filing a Demand for Preliminary Examination:
Handling fee $171.00
Handlinfg fee-90% reduction, if applicants meet criteria
specified at:
http://www.wipo.int/pct/en/fees/fee_reduction.pdf $17.10
Preliminary Examination Fee
USPTO as International Preliminary
Examining Authority (IPEA)
- USPTO was ISA in PCT Chapter I $600.00
- USPTO was not ISA in PCT Chapter I $750.00
- Additional preliminary examination fee,

October 21, 2008

US PATENT AND TRADEMARK OFFICE

1335 OG 153

per additional invention
(payable only upon invitation) $600.00
U.S. National Stage fees (for international applications entering
the U.S. national phase under 35 U.S.C. 371) can be found on the USPTO's
web site (www.uspto.gov).
August 26, 2008 JON W. DUDAS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office

Notice of Maintenance Fees Payable
Title 37 Code of Federal Regulations (CFR), Section 1.362(d) provides
that maintenance fees may be paid without surcharge for the six-month
period beginning 3, 7, and 11 years after the date of issue of patents
based on applications filed on or after Dec. 12, 1980. An additional
six-month grace period is provided by 35 U.S.C. 41(b) and 37 CFR 1.362(e)
for payment of the maintenance fee with the surcharge set forth in 37 CFR
1.20(h), as amended effective Dec. 16, 1991. If the maintenance fee is
not paid in the patent requiring such payment the patent will expire on
the 4th, 8th, or 12th anniversary of the grant.
Attention is drawn to the patents that were issued on October 11, 2005
for which maintenance fees due at 3 years and six months may now be paid.
The patents have patent numbers within the following ranges:
Utility Patents 6,952,837 through 6,954,941
Reissue Patents based on the above identified patents.
Attention is drawn to the patents that were issued on October 9, 2001
for which maintenance fees due at 7 years and six months may now be paid.
The patents have patent numbers within the following ranges:
Utility Patents 6,298,483 through 6,301,711
Reissue Patents based on the above identified patents.
Attention is drawn to the patents that were issued on October 7, 1997
for which maintenance fees due at 11 years and six months may now be paid.
The patents have patent numbers within the following ranges:
Utility Patents 5,673,431 through 5,675,837
Reissue Patents based on the above identified patents.
No maintenance fees are required for design or plant patents.
Payments of maintenance fees in patents may be submitted electronically
over the Internet at www.uspto.gov. Click on the "Site Index" link at the
top of the homepage (www.uspto.gov), and then scroll down and click on the
"Maintenance Fees" link for more information.
Payments of maintenance fees in patents not submitted electronically
over the Internet should be mailed to "United States Patent and Trademark
Office, P.O. Box 979070, St. Louis, MO 63197-9000".
Correspondence related to maintenance fees other than payments of
maintenance fees in patents is not to be mailed to P.O. Box 979070,
St. Louis, MO 63197-9000, but must be mailed to "Mail Stop M
Correspondence, Director of the U.S. Patent and Trademark Office, P.O.
Box 1450, Alexandria, VA 22313-1450".
Patent owners must establish small entity status according to 37 CFR
1.27 if they have not done so and if they wish to pay the small entity
amount.
The current amounts of the maintenance fees due at 3 years and six
months, 7 years and six months, and 11 years and six months are set
forth in the most recently amended provisions in 37 CFR 1.20(e)-(g).
To obtain the current maintenance fee amounts, please call the USPTO
Contact Center at (800)-786-9199 or see the current USPTO fee schedule
posted on the USPTO Internet web site. At the top of the USPTO homepage
at www.uspto.gov, click on the "Site Index" link and then scroll down
and click on the "Fees, USPTO" link to find the current USPTO fee
schedule.

37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of the inventor. The petition has been granted. A notice has been
sent to the last known address of each non-signing inventor. The inventors
whose signatures are missing (Anthony Lawrence and Anthony John Davies) may
join in the application by promptly filing an appropriate oath or
declaration complying with 37 CFR 1.63. The international application
number is PCT/GB2003/000391 and was filed on 31 January 2003, in the name
of Anthony Lawrence and Anthony John Davies for the invention entitled
MOISTENER FOR A MAILING MACHINE. The national stage application number is
10/503,180 and has a date under 35 U.S.C. §371 (c)(1), (c)(2) and (c)(4) of
17 March 2008.
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of all inventors. The petition has been granted. A
notice has been sent to the last known address of the non-signing
inventors. The inventors whose signatures are missing (Alan Crawford and
Paul W. White) may join in the application by promptly filing an
appropriate oath or declaration complying with 37 CFR 1.63. The
international application number is PCT/GB05/00725 and was filed on 25
February 2005 in the names of Ian Donald, John Reid, Alan Crawford and Paul
W. White entitled CONNECTION SYSTEM FOR SUBSEA FLOW INTERFACE EQUIPMENT.
The national stage application is assigned number 10/590,563 and has a 35
U.S.C. 371(c) date of 13 December 2007.
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of all inventors. The petition has been granted. A
notice has been sent to the last known address of the non-signing inventor.
The inventor whose signature is missing (Denny Wernham) may join in the
application by promptly filing an appropriate oath or declaration
complying with 37 CFR 1.63. The international application number is
PCT/EP03/51068 and was filed on 18 December 2003 in the names of Denny
Wernham, John Russell and Glenn Morgan Jones entitled AN OPTICAL FILTER.
The national stage application is assigned number 10/539,623 and has a 35
U.S.C. 371(c) date of 29 July 2008.
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of the inventor. The petition has been granted. A notice has been
sent to the last known address of the non-signing inventor. The inventor
whose signature is missing (Taichi Hoshino) may join in the application by
promptly filing an appropriate oath or declaration complying with 37 CFR
1.63. The international application number is PCT/JP2005/019954 and was
filed on 25 October 2005 in the names of Tiachi Hoshino and Hiroki Kikuchi
for the invention entitled POWER SUPPLY UNIT AND PORTABLE DEVICE. The
national stage application number is 11/718,220 and has a 35 U.S.C. §371
(c)(1), (c)(2) and (c)(4) date of 31 August 2007.
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of the inventor. The petition has been granted. A notice has
been sent to the last known address of the non-signing inventor. The
inventor whose signature is missing (Ravindra Wijesiriwardana) may join

October 21, 2008

US PATENT AND TRADEMARK OFFICE

1335 OG 192

in the application by promptly filing an appropriate oath or declaration
complying with 37 CFR 1.63. The international application number is
PCT/GB2004/004608 and was filed on 29 October 2004 in the names of Tilak
Dias, William Hurley and Ravindra Wijesiriwardana for the invention
entitled SWITCHES IN TEXTILE STRUCTURES. The national stage application
number is 11/666,380 and has a 35 U.S.C. §371(c)(1), (c)(2) and (c)(4)
date of 19 February 2008.
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of all inventors. The petition has been granted. A
notice has been sent to the last known address of the non-signing
inventor. The inventor whose signature is missing (Tasuku Minami) may join
in the application by promptly filing an appropriate oath or declaration
complying with 37 CFR 1.63. The international application number is
PCT/JP2006/303235 and was filed on 23 February 2006 in the names of Shoji
Yuyama; Naoki Koike; and Tasuku Minami for the invention entitled TABLET
FILLING DEVICE. The national stage application number is 11/885,062 and
has a 35 U.S.C. 371 date of 24 August 2007.
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of all inventors. The petition has been granted. A
notice has been sent to the last known addresses of the non-signing
inventors. The inventor whose signature is missing (Patrice Fauvet) may
join in the application by promptly filing an appropriate oath or
declaration complying with 37 CFR 1.63. The international application
number is PCT/EP04/05399 and was filed on 25 February 2004 in the names of
Alexandre Naressi and Patrice Fauvet for the invention entitled RFID
PROTECTED MEDIA SYSTEM AND METHOD THAT PROVIDES DYNAMIC DOWNLOADABLE
MEDIA. The national stage application number is 10/598,387 and has a 35
U.S.C. 371 date of 23 September 2008.

Notice of Private Reprimand
A practitioner has been privately reprimanded by the United States Patent
and Trademark Office for not complying with a) 37 C.F.R. § 10.23(c)(15)
by failing to conduct a reasonable inquiry under the circumstances prior to
signing and submitting to the Office a request for nonpublication and b) 37
C.F.R. § 10.77(b) by handling a client matter without preparation adequate
under the circumstances. This action is taken pursuant to the provisions of
35 U.S.C. § 32 and 37 C.F.R. §§ 10.133(g) and 10.159.
September 23, 2008 WILL R COVEY for
JAMES A. TOUPIN
General Counsel
United States Patent and Trademark Office
on behalf of
JON W. DUDAS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office

Patent Prosecution Highway Pilot Program between the United States Patent and Trademark Office and European Patent Office

Patent Prosecution Highway Pilot Program between the
United States Patent and Trademark Office and
European Patent Office
I. Background
The United States Patent and Trademark Office (USPTO) has established a
21st Century Strategic Plan to transform the USPTO into a more
quality-focused, highly productive, responsive organization supporting a
market-driven intellectual property system. One of the specific action
items of the 21st Century Strategic Plan is to share search results with
other intellectual property offices. By relying on the search results
obtained via partnerships with other intellectual property offices, the
USPTO can reduce duplication of efforts and decrease workload.
From July 2006 to January 2008, the USPTO partnered with the Japan
Patent Office (JPO) to establish the first Patent Prosecution Highway pilot
program (PPH). The PPH leverages accelerated examination procedures
already available in both offices to allow applicants in both offices to
obtain corresponding patents faster and more efficiently. The PPH also
permits each office to benefit from the work previously done by the other
office, in turn helping to reduce workload and improve patent quality. The
USPTO and the JPO began full implementation of the PPH program starting
January 4, 2008.
USPTO has also commenced separate PPH pilot programs with the United
Kingdom Intellectual Property Office (UK IPO), the Canadian Intellectual
Property Office (CIPO), the Korean Intellectual Property Office (KIPO), and
IP Australia (IPAU), based on the same framework as the PPH between the
USPTO and JPO.
Following on these partnerships, the USPTO and the European Patent
Office (EPO) have agreed to launch a PPH pilot program similar to the PPH
pilot programs noted above with the exception that PCT international
applications (including national stage applications filed under 35 U.S.C.
371) are excluded.
II. Patent Prosecution Highway Pilot Program
The PPH was established to enable an applicant whose claims are
determined to be allowable in the Office of first filing (OFF) to have the
corresponding application filed in the Office of second filing (OSF)
advanced out of turn for examination while at the same time allowing the
OSF to exploit the search and examination results of the OFF.
Where the USPTO is the OFF and the U.S. application contains claims that
are determined to be allowable, the applicant may likewise request
accelerated examination at the EPO for the corresponding application filed
with the EPO as the OSF. The procedures and requirements for filing a
request with the EPO for participation in the PPH pilot program are
available from the EPO web site at: www.epo.org. Where the EPO is the OSF,
applicant may provide the EPO with the necessary documents for requesting
participation in the PPH pilot program, or request that the EPO obtain the
necessary documents for requesting participation in the PPH pilot program
from the USPTO Public PAIR system. In those rare situations where the U.S.
application has not been published, and therefore the U.S. file wrapper is
not available via Public PAIR, applicant will be responsible for providing
the necessary documents to the EPO.
Where the USPTO is the OSF and the corresponding application filed with
the EPO as the OFF contains claims that are determined to be allowable, the
applicant may request participation in the PPH pilot program in the USPTO
and petition to make the U.S. application special under the PPH pilot
program. Note that the procedures for a petition to make special under the
accelerated examination program set forth in MPEP 708.02(a) do NOT apply to

October 21, 2008

US PATENT AND TRADEMARK OFFICE

1335 OG 197

a petition to make special under the PPH pilot program. The procedures and
requirements for filing a request in the USPTO for participation in the PPH
pilot program are set forth below.
A. Trial Period for the PPH Pilot Program
The PPH pilot program will commence on September 29, 2008, for a period
of one year ending on September 29, 2009. The trial period may be extended
for up to an additional year if necessary to adequately assess the
feasibility of the PPH program. The USPTO and the EPO will evaluate the
results of the pilot program to determine whether and how the program
should be fully implemented after the trial period. The Offices may also
terminate the PPH pilot program early if the volume of participation
exceeds manageable level, or for any other reason. Notice will be
published if the PPH pilot program will be terminated before the September
29, 2009 date.
B. Requirements for Requesting Participation in the PPH Pilot Program in
the USPTO
In order to be eligible to participate in the PPH pilot program, the
following conditions must be met:
(1) The U.S. application is a Paris Convention application validly
claiming priority under 35 U.S.C. 119(a) and 37 CFR 1.55 to one or more
applications filed in the EPO.
An example of U.S. applications that fall under requirement (1) is:

* EESR - Extended European Search Report
PCT international applications (including national stage applications
filed under 35 U.S.C. 371), provisional applications, plant and design
applications, reissue applications, reexamination proceedings, and
applications subject to a secrecy order are excluded and not subject to
participation in the PPH.
(2) The EPO application(s) have at least one claim that was determined
by the EPO to be allowable (either in an EPO Office action or in a positive
Extended European Search Report (EESR) if no EPO Office action has been
issued yet). Applicant must submit a copy of the allowable claims from the
EPO application(s). If the EPO Office action does not explicitly state
that a particular claim is allowable, applicant must include a statement
in the request for participation in the PPH pilot program or in the
transmittal letter accompanying the request for participation that no
rejection has been made in the EPO Office action regarding that claim, and
therefore, the claim is deemed allowable by the EPO. If applicant is
relying on a positive EESR to establish that a particular claim is deemed
allowable by the EPO, applicant must explain in the request for
participation in the PPH pilot program or in the transmittal letter
accompanying the request for participation how the EESR establishes
allowability of that particular claim.
(3) All the claims in each U.S. application for which a request for
participation in the PPH pilot program is made must sufficiently correspond
or be amended to sufficiently correspond to the allowable claims in the EPO
application(s). Claims will be considered to sufficiently correspond
where, accounting for differences due to claim format requirements, the
claims are of the same or similar scope. Applicant is also required to
submit a claims correspondence table in English. The claims correspondence
table must indicate how all the claims in the U.S. application correspond
to the allowable claims in the EPO application(s).
(4) Examination of the U.S. application for which participation in the

October 21, 2008

US PATENT AND TRADEMARK OFFICE

1335 OG 198

PPH pilot program is requested has not begun.
(5) Applicant must file a request for participation in the PPH pilot
program and a petition to make the U.S. application special under the PPH
pilot program. A sample request/petition form (PTO/SB/20EP) will be
available from the USPTO web site at http://www.uspto.gov on September 29,
2008. Applicants are encouraged to use the USPTO request/petition form. A
petition fee under 37 CFR 1.17(h) for the petition to make special under 37
CFR 1.102(d) is required and must be submitted.
(6) Applicant must submit a copy of all the Office actions (which are
relevant to patentability) from each of the EPO application(s) containing
the allowable claims that are the basis for the request. In addition,
applicant must submit copies of any Office actions (which are relevant to
patentability) from the EPO application(s) issued after the grant of the
request for participation in the PPH pilot program in the USPTO (especially
where EPO might have reversed a prior holding of allowability).
If applicant is relying on a positive EESR to establish that a particular
claim is deemed allowable by the EPO and no EPO Office action which is
relevant to patentability has been issued by the EPO, applicant must submit
a copy of the positive EESR. In addition, applicant must submit copies of
any Office actions (which are relevant to patentability) from the EPO
application(s) issued after the grant of the request for participation in
the PPH pilot program in the USPTO (especially where EPO might have
reversed a prior holding of allowability in the positive EESR).
(7) Applicant must submit an information disclosure statement (IDS)
listing the documents cited by the EPO examiner in the EPO Office action or
in the positive EESR (unless such an IDS has already been filed in the U.S.
application). Applicant must submit copies of all the documents cited in
the EPO Office action or in the positive EESR (unless the copies have
already been filed in the U.S. application) except U.S. patents or U.S.
patent application publications.
The request for participation in the PPH pilot program and all the
supporting documents must be submitted to the USPTO via EFS-Web and indexed
with the following document description: "Petition to make special under
Patent Pros Hwy." Information regarding EFS-Web is available at
http://www.ustpo.ogv/ebc/efs_help.html. Any preliminary amendments and IDS
submitted with the PPH documents must be separately indexed as a
preliminary amendment and IDS, respectively.
Where the request for participation in the PPH pilot program and special
status are granted, applicant will be notified and the U.S. application
will be advanced out of turn for examination. In those instances where the
request for participation in the PPH pilot program does not meet all the
requirements set forth above, applicant will be notified and the defects in
the request will be identified. Applicant will be given one opportunity to
perfect the request in a renewed request for participation (which must be
submitted via EFS-Web and indexed accordingly as noted above). Note that
action on the application by the examiner will NOT be suspended (37 CFR
1.103) awaiting a reply by the applicant to perfect the request in a
renewed request for participation. That is, if the application is picked
up for examination by the examiner after applicant has been notified of the
defects in the request, any renewed request will be dismissed. If the
renewed request is perfected and examination has not begun, the request and
special status will be granted, applicant will be notified and the U.S.
application will be advanced out of turn for examination. If not perfected,
applicant will be notified and the application will await action in its
regular turn.
(8) Request for participation in the PPH pilot program and special
status granted in a parent application will not carry over to a continuing
application. Continuing applications must separately fulfill the
conditions set forth above.

October 21, 2008

US PATENT AND TRADEMARK OFFICE

1335 OG 199

If any of the documents identified in items (2), (6) and (7) above have
already been filed in the U.S. application prior to the request for
participation in the PPH pilot program, it will not be necessary for
applicant to resubmit these documents with the request for participation.
Applicant may simply refer to these documents and indicate in the request
for participation in the PPH pilot program when these documents were
previously filed in the U.S. application.
C. Special Examining Procedures
Once the request for participation in the PPH pilot program and special
status have been granted to the U.S. application, the U.S. application will
be taken up for examination by the U.S. examiner before all other
categories of applications except those clearly in condition for allowance,
those with set time limits, such as examiner's answers, and those that have
been granted special status for "accelerated examination."
Any claims amended or added after the grant of the request for
participation in the PPH pilot program must sufficiently correspond to one
or more allowable claims in the EPO application(s). Applicant is required
to submit a claims correspondence table along with the amendment (see B.(3)
above). If the amended or newly added claims do not sufficiently
correspond to the allowable claims in the EPO application(s), the amendment
will not be entered and will be treated as a non-responsive reply.
The PPH program does not absolve applicants of all their duties under 37
CFR 1.56 and 37 CFR 11.18. By complying with requirements (6) and (7)
identified above, applicants would be considered to have complied with
their duties to bring to the attention of the USPTO any material prior art
cited in the corresponding foreign application(s) (see MPEP § 2001.06(a)).
Applicants still have a duty of candor and good faith, including providing
to the USPTO other information known to them to be material to
patentability.
Any inquiries concerning this notice may be directed to Magdalen
Greenlief, Office of the Deputy Commissioner for Patent Examination Policy,
at 571-272-8800 or at magdalen.greenlief@uspto.gov.
September 22, 2008 JON W. DUDAS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office

Errata
"All reference to Patent No. D. 572,482 to Wayne H. Rothschild of
Northbrook, IL for CONVERTIBLE STORAGE BIN WITH LED appearing in the
Official Gazette of July 08, 2008 should be deleted since no patent was
granted."
"All reference to Patent No. 7,395,569 to Daniel Larry Carter, et al of
Gainesville, FL for PROCESS FOR ENHANCED LIQUID EXTRACTION FROM FABRICS
appearing in the Official Gazette of July 08, 2008 should be deleted since
no patent was granted."
"All reference to Patent No. 7,396,020 to Marthinus C. Van Schoor of
Medford, MA for FLUID-ACTIVATED SHAFT SEAL appearing in the Official
Gazette of July 08, 2008 should be deleted since no patent granted."
"All reference to Patent No. 7,396,181 to Raymond A. Liberatore of
Bentonville, AK for SPREADER APPARATUS, FOR USE WITH DISPENSERS appearing
in the Official Gazette of July 08, 2008 should be deleted since no patent
was granted."
"All reference to Patent No. 7,396,419 to Mori, et al of Tokyo, Japan
for METHOD FOR PREPARING SINTERED PRODUCT, SINTERED PRODUCT AND
MAGNETOSTRICTION MATERIAL appearing in the Official Gazette of July 08,
2008 should be deleted since no patent was granted."
"All reference to Patent No. 7,396,845 to Stefanie Keil, et al of
Hofheim, Germany for OXADIAZOLONES AND DERIVATIVES THEREOF AS PPAR DELTA
AGONISTS appearing in the Official Gazette of July 08, 2008 should be
deleted since no patent was granted."
"All reference to Patent No. 7,396,937 to Marc Blouin, et al of
St.-Lazare-De-Vaudreuil, Canada for NOVEL PHARMACEUTICAL COMPOUNDS
appearing in the Official Gazette of July 08, 2008 should be deleted since
no patent was granted."
"All reference to Patent No. 7,397,523 to Joo Soo Yoon, et al of Seoul
Korea, Republic of for REFLECTIVE-TRANSMISSIVE TYPE LIQUID CRYSTAL DISPLAY
DEVICE AND METHOD FOR FABRICATING THE SAME appearing in the Official
Gazette of July 08, 2008 should be deleted since no patent was granted."
"All reference to Patent No. 7,397,608 to Yashuhiro Omura of
Kumagaya-shi, Japan for PROJECTION OPTICAL SYSTEM, EXPOSURE APPARATUS, AND
EXPOSURE METHOD appearing in the Official Gazette of July 08, 2008 should
be deleted since no patent was granted."
"All reference to Patent No. 7,397,613 to Hitoshi Nakanishi of Kanagawa,
Japan for LENS DEVICE AND IMAGING APPARATUS appearing in the Official
Gazette of July 08, 2008 should be deleted since no patent was granted."
"All rerefence to Patent No. 7,398,058 to Juha Salokannel, et al of
Kangasala, Finland for METHOD AND SYSTEM FOR REPEAT REQUEST IN HYBRID ULTRA
WIDEBAND-BLUETOOTH RADIO appearing in the Official Gazette of July 08, 2008
should be deleted since no patent was granted."
"All reference to Patent No. 7,398,167 to Thomas Holtzman Williams of
Long-Mont, CO for SYSTEM AND METHOD TO LOCATE COMMON PATH DISTORTION ON
CABLE SYSTEMS appearing in Official Gazette of July 08, 2008 should be
deleted since no patent was granted."

Erratum
In the notice of Certificate of Correction appearing in August 16, 2005
Official Gazette, insert the reference, Patent No. 6,764,932. The
certificate of correction for this patent is valid. The certificate of
correction was granted and should have been included on the certificate
of correction issue list for July 26, 2005.

"IRON GIRL" [entertainment services, namely, arranging and conducting athletic competitions]; and a number of other marks incorporating the word "IRON," for a range of goods and services related to those services recited above

"IRON MEN LOS ANGELES" (and design) [entertainment services, namely, participation in paintball competitions; and training in the field of competitive paintball]

2 registrations for the mark "FIESTA" [casino services, providing facilities for non-gaming video arcade games, providing amusement centers and arcades, and entertainment services in the nature of arranging, conducting, and providing facilities for special events] and [casino services]and2 registrations for the mark "FIESTA" (and design) [casino services, providing facilities for non-gaming video arcade games, providing amusement centers and arcades, and entertainment services in the nature of arranging, conducting, and providing facilities for special events] and [entertainment services, namely, providing a website featuring information on entertainment, namely, casinos and gaming]

No

9-16

EX

78387061

Western Family Foods, Inc.

2(e)(1)

Refusal Affirmed in all classes

"CARB VALUE" [a large number of food items in Classes 29, 30 and 32]

No

9-16

EXEX

7705235277052356

Fulltone Musical Products Inc.

2(d)

Refusal Affirmed in both cases as to all 3 cited registra-tions

"GT-350" and "GT-500" [both marks for: electronic effects pedals and stomp boxes for use with musical instruments and parts therefor and instructional manuals, sold as a unit]

3 cited registrations, all owned by the same entity:"GT" (in design format) and "GT ELECTRONICS" [both marks for: microphones; amplifiers; and a number of other goods] and "GT" (in design format) [microphones]

Request for Reconsideration Denied(Refusal Affirmed in all five classes)

"COMPACT CROSSBAR" [in Class 7: machines for metal working, namely, mechanical and hydraulic presses, and other goods; in Class 35: data processing services, business management and consultation services; in Class 37: installation, assembly, repair and maintenance of machines for metal working, etc.; in Class 40: metal working to order and/or specification of others, etc.; in Class 42: design of machines for metal working, and other services]

No

9-18

EX

79031781

Akzo Nobel Coatings International B.V.

2(d)

Refusal Affirmed in both classes

"FLEXXPRESS" [in Class 2: industrial coatings, paints, primers and inks to be used on plastic substrates; in Class 7: industrial machines for transfer printing; membranes, in the nature of silicones, for industrial machines for transfer printing]

2(d); counterclaim to cancel on the following grounds: 2(e)(1); lack of distinctive-ness; whether opposer’s registration is void because of an invalid transfer of ownership of the intent-to-use application from which the registration issued

"DYNAMIC ADS" [advertising and marketing services, promoting the goods and services of others through placement, targeting, and distribution of advertising via the Internet and other means of communication]

Mailing and Hand Carry Addresses for Mail to the United States Patent and Trademark Office

MAILING AND HAND CARRY ADDRESSES FOR
MAIL TO THE UNITED STATES PATENT AND TRADEMARK OFFICE
MAIL TO BE DIRECTED TO THE COMMISSIONER FOR PATENTS
For most correspondence (e.g., new patent applications) no mail stop
is required because the processing of the correspondence is routine.
If NO mail stop is included on the list below, no mail stop is required
for the correspondence. See the listing under "Special Mail Stops
Applicable To Both Patent And Trademark Mail" for additional mail stops
for patent-related correspondence. Only the specified type of document
should be placed in an envelope addressed to one of these special mail
stops. If any documents other than the specified type identified for each
special mail stop are addressed to that mail stop, they will be
significantly delayed in reaching the appropriate area for which they are
intended. The mail stop should generally appear as the first line in
the address.
Some correspondence may be submitted electronically. See the Office's
Internet Web site http://www.uspto.gov for additional information.
Please address mail to be delivered by the United States Postal Service
(USPS) as follows:
Mail Stop _____
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
If no Mail Stop is indicated below, the line beginning Mail Stop should
be omitted from the address.
NEW: The Mail Stop description for Mail Stop Patent Ext. has been
revised and a new Mail Stop for patent term extension requests under
35 U.S.C. 156 has been added as Mail Stop Hatch-Waxman PTE.
Except correspondence for Maintenance Fee payments, Deposit Account
Replenishments (see 1.25(c)(4)), and Licensing and Review (see 37 CFR
5.1(c) and 5.2(c)), please address correspondence to be delivered by other
delivery services (Federal Express (Fed Ex), UPS, DHL, Laser, Action,
Purolater, etc.) as follows:
United States Patent and Trademark Office
Customer Service Window, Mail Stop _____
Randolph Building
401 Dulany Street
Alexandria, VA 22314
Mail Stop
Designations Explanation
Mail Stop 12 Contributions to the Examiner Education Program.
Mail Stop 313(c) Petitions under 37 CFR 1.313(c) to withdraw a
patent application from issue after payment of
the issue fee and any papers associated with the
petition, including papers necessary for a
continuing application or a request for
continued examination (RCE).
Mail Stop AF Amendments and other responses after final
rejection (e.g., a notice of appeal (and any
request for pre-appeal brief conference)),
other than an appeal brief.
Mail Stop Amendment Information disclosure statements, drawings, and
replies to Office actions in patent applications
with or without an amendment to the application or
a terminal disclaimer. (Use Mail Stop AF for
replies after final rejection.).
Mail Stop Appeal For appeal briefs or other briefs under
Brief-Patents part 41 of title 37 of the Code of Federal
Regulations (e.g., former 37 CFR 1.192).
Mail Stop Public comments regarding patent related
Comments-Patents regulations and procedures.
Mail Stop Conversion Requests under 37 CFR 1.53(c)(2) to convert a
nonprovisional application to a provisional
application and requests under 37 CFR 1.53(c)(3)
to convert a provisional application to a
nonprovisional application.
Mail Stop DD Disclosure Documents or materials related to the
Disclosure Document Program. (A disclosure document
is NOT an information disclosure statement.)
Instead of filing a disclosure document, inventors
are encouraged to file a provisional patent
application.
Mail Stop EBC Mail for the Electronic Business Center including:
Certificate Action Forms, Request for Customer
Numbers, and Requests for Customer Number Data
Change (USPTO Forms PTO-2042, PTO/SB/124A and 125A,
respectively) and Customer Number Upload
Spreadsheets and Cover Letters.
Mail Stop Expedited Only to be used for the initial filing of
Design design applications accompanied by a
request for expedited examination under
37 CFR 1.155.
Mail Stop Express Requests for abandonment of a patent
Abandonment application pursuant to 37 CFR 1.138,
including any petitions under 37 CFR
1.138(c) to expressly abandon an
application to avoid publication of the
application. (Applicants are encouraged to
transmit the requests by facsimile to
703-305-8568.)
Mail Stop Applications under 35 U.S.C. 156 for patent term
Hatch-Waxman PTE extension based on regulatory review of a product
subject to pre-market review by a regulating
agency. This mail stop is also to be used for
additional correspondence regarding the
application for patent term extension under
35 U.S.C. 156. It is preferred that such initial
requests be hand-carried to:
Office of Patent Legal Administration
Room MDW 7D55
600 Dulany Street (Madison Building)
Alexandria, VA 22314
Mail Stop ILS Correspondence relating to international patent
classification, exchanges and standards.
Mail Stop Issue Fee All communications following the receipt of a
PTOL-85, "Notice of Allowance and Fee(s)
Due," and prior to the issuance of a patent
should be addressed to Mail Stop Issue Fee,
unless advised to the contrary.
Assignments are the exception. Assignments
(with cover sheets) should be faxed to
571-273-0140, electronically submitted
(http://epas.uspto.gov), or submitted in a
separate envelope and sent to Mail Stop
Assignment Recordation Services,
Director - U.S. Patent and Trademark Office
as shown below.
Mail Stop L&R All documents pertaining to applications subject
to secrecy order pursuant to 35 U.S.C. 181, or
national-security classified and required to be
processed accordingly. Such papers, petitions for
foreign filing license pursuant to 37 CFR 5.12(b)
for which expedited handling is requested, and
petitions for retroactive license under 37 CFR
5.25 may also be hand carried to Licensing and
Review:
Technology Center 3600, Office of the Director
Room 4B41
501 Dulany Street (Knox Building)
Alexandria, VA 22314
Mail Stop Missing Requests for a corrected filing receipt and
Parts replies to OIPE notices such as the Notice
of Omitted Items, Notice to File Corrected
Application Papers, Notice of Incomplete
Application, Notice to Comply with Nucleotide
Sequence Requirements, and Notice to File Missing
Parts of Application, and associated papers and
fees.
Mail Stop MPEP Submissions concerning the Manual of Patent
Examining Procedure.
Mail Stop Patent Ext. Applications for patent term extension or
adjustment under 35 U.S.C. 154 and any
communications relating thereto. This mail stop
is limited to petitions for patent term extension
under 35 U.S.C. 154 for applications filed
between June 8, 1995 and May 29, 2000, and patent
term adjustment (PTA) under 35 U.S.C. 154 for
applications filed on or after May 29, 2000.
For applications for patent term extension under
35 U.S.C. 156, use Mail Stop Hatch-Waxman PTE.
For applications for patent term extension or
adjustment under 35 U.S.C. 154 that are mailed
together with the payment of the issue fee, use
Mail Stop Issue Fee.
Mail Stop Patent Submission of comments regarding search templates.
Search Template
Comments
Mail Stop PCT Mail related to international applications filed
under the Patent Cooperation Treaty in the
international phase and in the national phase
under 35 U.S.C. 371 prior to mailing of a
Notification of Acceptance of Application Under
35 U.S.C. 371 and 37 CFR 1.495 (Form
PCT/DO/EO/903).
Mail Stop Petition Petitions to be decided by the Office of Petitions
including petitions to revive and petitions to
accept late payment of issue fees or maintenance
fees.
Mail Stop PGPUB Correspondence regarding publication of patent
applications not otherwise provided, including
requests for early publication made after filing,
rescission of non-publication request, corrected
patent application publication, refund of
publication fee.
Mail Stop Post In patented files: requests for changes of
Issue correspondence address, powers of attorney,
revocations of powers of attorney, withdrawal of
attorney and submissions under 37 CFR 1.501.
Designation of, or changes to, a fee address
should be addressed to Mail Stop M Correspondence.
Requests for Certificate of Correction need no
special mail stop, but should be mailed to the
attention of Certificate of Correction Branch.
Mail Stop RCE Requests for continued examination under
37 CFR 1.114.
Mail Stop Correspondence pertaining to the reconstruction
Reconstruction of lost patent files.
Mail Stop Ex Parte Requests for Reexamination for original request
Reexam papers and for all subsequent corresponcence other
than correspondence to the Office of the Solicitor
(see 37 CFR 1.1(a)(3) and 1.302(c)).
Mail Stop Inter Requests for Inter Partes Reexamination
Partes Reexam for original request papers and for all
subsequent correspondence other than
correspondence to the Office of the
Solicitor (see 37 CFR Secs. 1.1(a)(3) and
1.302(c)).
Mail Stop Reissue All new and continuing reissue application filings.
Mail Stop Sequence Submission of the computer readable form (CRF) for
applications with sequence listings, when the CRF
is not being filed with the patent application.
MAIL TO BE DIRECTED TO THE COMMISSIONER FOR TRADEMARKS
Please address trademark-related mail to be delivered by the United
States Postal Service (USPS), except documents sent to the Assignment
Services Division for recordation, requests for copies of trademark
documents, and documents directed to the Madrid Processing Unit, as
follows:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Mail to be delivered by the USPS to the Office's Madrid Processing Unit,
must be mailed to:
Madrid Processing Unit
600 Delaney Street
MDE-7B87
Alexandria, VA 22314-5796
Mail to be delivered by the USPS to the Office's Trademark Administrator
regarding Letters of Protest must be mailed to:
Letter of Protest
ATTN: Trademark Administrator
600 Delaney Street
MDE-4B89
Alexandria, VA 22314-5796
Mail to be delivered by the USPS to the Director regarding the Fastener
Quality Act (FQA) must be mailed to:
Director, USPTO
ATTN: FQA
600 Delaney Street, MDE-10A71
Alexandria, VA 22314-5793
Mail to be delivered by the USPS to the Commissioner regarding the
recordal of a Native American Tribal Insignia (NATI) must be mailed to:
Natvie American Tribal Insignia
ATTN: Commissioner for Trademarks
600 Delaney Street
MDE-10A71
Alexandria, VA 22314-5793
Trademark-related mail to be delivered by other delivery services
(Federal Express (Fed Ex), UPS, DHL, Laser, Action, Purolater, etc.),
by courier or by hand to the Trademark Operation, the Trademark Trial and
Appeal Board, the Office's Madrid Processing Unit, Letters of Protest,
FQA or NATI, must be delivered to:
Trademark Assistance Center
Madison East, Concourse Level Room C 55
600 Dulany Street
Alexandria, VA 22314
MAIL TO BE DIRECTED TO THE DIRECTOR OF THE UNITED STATES
PATENT AND TRADEMARK OFFICE
Please address mail to be directed to a mail stop identified below to
be delivered by the United States Postal Service (USPS) as follows (unless
otherwise instructed):
Mail Stop _____
Director of the U.S. Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450
Mail Stop
Designations Explanation
Mail Stop 3 Mail for the Office of Personnel from NFC.
Mail Stop 6 Mail for the Office of Procurement.
Mail Stop 8 All papers for the Office of the Solicitor except
communications relating to pending litigation and
disciplinary proceedings; papers relating to
pending litigation in court cases shall be mailed
only to Office of the Solicitor, P.O. Box 15667,
Arlington, VA 22215 and papers related to pending
disciplinary proceedings before the Administrative
Law Judge or the Director shall be mailed only to
the Office of the Solicitor, P.O. Box 16116,
Arlington, VA 22215.
Mail Stop 11 Mail for the Electronic Ordering Service (EOS).
Mail Stop 13 Mail for the Employee and Labor Relations Division.
Mail Stop 16 Mail related to refund requests, other than
requests for refund of a patent application
publication fee. Such requests should be directed
to Mail Stop PGPub.
Mail Stop 17 Invoices directed to the Office of Finance.
Mail Stop 24 Mail for the Inventor's Assistance Program,
including complaints about Invention Promoters.
Mail Stop 171 Vacancy Announcement Applications.
Mail Stop Assignment All assignment documents, security interests,
Recordation Services and other documents to be recorded in the
Assignment records. Note that documents with
cover sheets that are faxed to 571-273-0140 or
submitted electronically (http://epas.uspto.gov)
are processed much more quickly than those
submitted by mail.
Mail Stop Mail for the Office of Congressional Relations.
Congressional
Relations
Mail Stop Document All requests for certified or uncertified
Services copies of patent or trademark documents.
Mail Stop EEO Mail for the Office of Civil Rights.
Mail Stop Mail for the Office of Enforcement.
Enforcement
Mail Stop Interference Communications relating to interferences and
applications and patents involved in interference.
Mail Stop Mail for the Office of International Relations.
International
Relations
Mail Stop M Mail to designate or change a fee
Correspondence address, or other correspondence related to
maintenance fees, except payments of
maintenance fees in patents. See below for
the address for maintenance fee payments.
Mail Stop OED Mail for the Office of Enrollment and Discipline.
Maintenance Fee Payments
Unless submitted electronically over the Internet at www.uspto.gov,
payments of maintenance fees in patents should be mailed through the
United States Postal Service to:
United States Patent and Trademark Office
P.O. Box 979070
St. Louis, MO 63197-9000
Alternatively, payment of maintenance fees in patents (Attn:
Maintenance Fee) using hand-delivery and delivery by private courier
(e.g., FedEx, UPS, etc.) may be delivered to:
Director of the United States Patent and Trademark Office
Attn: Maintenance Fee
2051 Jamieson Avenue, Suite 300
Alexandria, Virginia 22314
Deposit Account Replenishments
To send payment to replenish deposit accounts, send the payments
through the United States Postal Service to:
United States Patent and Trademark Office
P.O. Box 979065
St. Louis, MO 63197-9000
Alternatively, deposit account replenishments (Attn: Deposit Accounts)
using hand-delivery and delivery by private courier (e.g., FedEx, UPS,
etc.) may be delivered to:
Director of the United States Patent and Trademark Office
Attn: Deposit Accounts
2051 Jamieson Avenue, Suite 300
Alexandria, Virginia 22314

ELECTRONIC OFFICIAL GAZETTE
of the U.S. Patent and Trademark Office
PATENTS
(eOG:P)

The Electronic Official Gazette of the U.S. Patent and Trademark Office - Patents (eOG:P) provides the information contained in the paper version of the
Official Gazette in electronic format on CD-ROM. Similar to the paper OG, the eOG:P is published every Tuesday and includes bibliographic information, a
representative claim, and a drawing (if applicable) of each patent issued that week. Patents are accessible by type of patent (utility, plant, etc.), classification
(class or class/subclass), patentee name, and geographical location. Links enable users to "jump" to a specific patent from these various indexes. The eOG:P is
sold as an annual subscription or as single copies.

Subscriptions are $430.00 per year, with single copies available for $20.00. For single copy purchases, please specify date and volume/issue number. Order
forms are available in MS Word® or Adobe® Acrobat® format.